Butler v. Elsayed et al

Filing 8

ORDER granting Plaintiff's 7 Motion to File Second Amended Complaint. Signed by Judge Ricardo S Martinez. (PM) cc: plaintiff via first class mail

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TERRY BUTLER,
Plaintiff,

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Case No. C18-0650RSM
ORDER GRANTING PLAINTIFF’S
MOTION TO FILE SECOND AMENDED
COMPLAINT

v.
BASEM ELSAYED, et al.,

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Defendants.
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THIS MATTER comes before the Court on Plaintiff’s Motion For Leave to File Second

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Amended Complaint. Dkt. #7. Plaintiff seeks to add an additional Defendant to the Complaint.

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Id. Defendants have not yet appeared in this action, as it was only recently filed.

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Federal Rule of Civil Procedure 15(a) governs the amendment of pleadings. Under Rule
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15(a)(2), leave to amend should be freely given “when justice so requires.” Fed. R. Civ. P.

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15(a)(2). The Ninth Circuit has held that leave to amend should be granted with “extreme

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liberality.” DCD Programs, LTD. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). The Court

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must consider whether the proposed amendment (1) would be futile, (2) is the product of undue

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delay, (3) would prejudice the non-moving party, and (4) was brought in bad faith. Id. (stating
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all four factors). Having reviewed Plaintiff’s motion and the early nature of these proceedings,
the Court will allow Plaintiff’s filing of a Second Amended Complaint.
Accordingly, Plaintiff’s Motion to Amend (Dkt. #7) is GRANTED. The Clerk SHALL
FILE Plaintiff’s Second Amended Complaint, which is attached to his motion.
ORDER
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DATED this 26th day of June, 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER
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